The government of British Columbia sought the British Columbia Utilities Commission's approval of a 2007 Energy Purchase Agreement between BC Hydro and Alcan.
The respondent First Nations asserted that the agreement should be subject to consultation under s. 35 of the Constitution Act, 1982, due to historical and ongoing impacts of the dam project on the Nechako River.
The Commission found it had jurisdiction to consider consultation but concluded the agreement would not adversely affect any Aboriginal interest, thus no duty to consult arose.
The Supreme Court of Canada restored the Commission's decision, holding that while the Commission had the power to assess the adequacy of consultation, its finding that the agreement caused no novel adverse impacts was reasonable.
